2008 (2) TMI 176

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....or the Appellant. Shri B. K. Sharma, Advocate, for the Respondent. [Order] -1. The Revenue filed this appeal against the Order of the Commissioner (Appeals) whereby penalty under Sections 76 and 78 of the Finance Act, 1994 was set aside in exercise of power under Section 80 of the said Act. 2. After hearing both the sides and on perusal of the records, it is seen that the Commissioner (Ap....

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....stration on 27-7-2004 and did not pay the tax and failed to file return. But they recorded the fees in their records. So, there is no material for suppression of facts with intent to evade payment of tax and penalty under Section 78 of the Act is not justified. 4. However, I find force in the submission of the learned DR regarding imposition of penalty under Section 76 of the Act. It is seen th....